도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 5,000,000.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On July 20, 2018, the Defendant was issued a summary order of KRW 3,000,000 as a crime of violation of the Road Traffic Act by this court.
【Criminal Facts】
1. 도로교통법위반(음주운전) 피고인은 2020. 6. 21. 04:10경 혈중알코올농도 0.197%의 술의 취한 상태로 서울 관악구 B 소재 ‘C‘ 인근 도로부터 같은 구 D 앞 도로까지 약 3km 구간에서 주식회사 E 소유의 씽씽 전동킥보드(300w)를 운전하였다.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. The Defendant violated the Road Traffic Act (unlicensed driving) without a motorcycle driver’s license at the time and place specified in paragraph (1) of the same Article.
Summary of Evidence
1. Statement by the defendant on the legal statement of the F traffic accident;
1. A traffic accident report;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. The ledger of driver's licenses;
1. On-site powders, electric kickboards list;
1. Photographs of the suspect, electric kickboards and photographs of records;
1. A public CCTV CD;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous convictions in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, etc. inquiry;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of an alternative fine for punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Grounds for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. (the scope of punishment).